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ing." (phone dialing) (busy signal) (phone dialing) (busy signal) (phone ringing) (swears softly) can you get that? (phone ringing) hello? shagger reader's scored again! (all cheer) sorry, is mr. reader there by any chance? all: morning, miss!
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did he do the death row thing? i suppose you could say it's his word against hers. "you raped me." "oh, no, i didn't." "oh, yes, you did." but the thing about non-stranger rape is what it really comes down to is brief against brief. you against me, marth. you look a bit uncomfortable with that white ribbon round your brief. mr. human rights prosecuting. yeah, well, rape's different. i'm going to see the victim. complainant. not victim. when you've had 15 years at the bar i might be interested in your opinion. right now, you don't exist. you coming? or would it be too difficult for you to look her in the eye? i can trust you, can't i? not to coach her, clive? look, we both know you don't want to be doing this, but picking a fight with me won't help you feel better about it. sacrificing principle for ambition is never going to feel good, martha, however you dress it up.
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hello, niamh. um... what's he like? who? his barrister. she, he's a she. god knows i understand how hard it'll be to go in there and relive what you've been through, but if i had to choose anyone to cross-examine you, it would be martha costello. oh, so you've seen her in court before? we're in chambers together. it's a small world, the criminal bar. i know martha well enough to be clear about one thing: she won't go for you. her heart isn't in it. the bottom line with defendants in rape, if you're ugly and dirty, you go down. if you're good-looking and clean, you get off. how do you know? i thought you didn't do rape? oh, i've read about it. i've written about it.
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one way or another without actually doing one i've done a lot of rape. handsome and washed gets you a "not guilty." excellent. steve clarke, solicitor's rep. this is alan bradley. martha costello. great. excellent. she won't go through with it. she's here. she's at court and she's got plenty of support. it feels odd talking about it like this. i actually want there to be a trial so i can prove my innocence. you don't have to prove anything. it's for the prosecution to prove your guilt. well, you'll do more than that, won't you? what do you mean? you sound like it's a case of sitting back and seeing if the prosecution get home or not. a bit passive. you know your way around the criminal justice system. i went to bar school. right. and...? i didn't make it.
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right. can i ask a difficult question? what are my chances? predicting which way a jury is going to go is never a good idea. sorry. unfair question. 50/50. thank you. i didn't do this. i could never do a thing like this. nick: 50/50. interesting. um, interesting? ten years if he goes down for this and a nonce label in prison. interesting? so, do you believe him? i didn't say that. i don't know. normally? normally, you know, normally, it's very clear whether a client is guilty or not. how many clients are... i don't know, about 80% and sometimes more. it's very rare that you get to represent an innocent man. would it make it better if you knew he hadn't done this? yes. what, and the 80% that you know are guilty you just get on with it? nick, this is my first rape, okay? it's new for me too. so you pull out all the stops for the 80%
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because they deserve to be represented properly and everyone is innocent until proven guilty. what was it you said? "four words to live by." is alan bradley any different? if you go easy on her... if you don't go for her in the witness box then...? then he'll get ten years. do you know what i think? there you go. i think there's rape and there's rape. violent stranger rape at one end of the spectrum and this, right at the other end. thanks, nick. go through the unused for me. if there's anything there, i'll need to know by tomorrow morning. i need to do an advice of evidence. who for? life at the bar, nick. don't sleep, live on your nerves, never say no. clive: "i have been advised by my legal representative "to answer no comment to all questions asked of me during the course of this interview." these are the only words spoken by the defendant
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at his police station interview. you will hear evidence that the defendant, alan bradley, made a note of these words in advance, which he then read out. ten seconds or so of pre-prepared setting out his position. annie laidlaw was raped by this man. annie laidlaw spent two days in the police station giving her account of what happened. in great detail, blow by blow, again and again, she described to the police what this man did to her. it's my client's right to remain silent, as my learned friend well knows. and the last time i looked, it was still okay for people in police stations to take advice from their solicitors. i'll be telling the jury about whether they can infer anything from the defendant's silence, miss costello. now, this isn't a 4:00 in the morning, dark alleyway case. no hand over the mouth.
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it's not even nighttime when this rape happens. alan bradley and annie laidlaw were boyfriend and girlfriend until recently. nearly always rape victims and rapists know each other. wherever it happens, penetration without consent is a terrible crime and one from which it's... very, very hard to recover. and when it happens in your own home and the rapist is someone you thought you could trust... (voice breaks) sorry, excuse me. someone you thought you could trust. (exhales) it's unforgivable. one more thing. first appearance old street magistrates. send one of the pupils, will you? no, i don't care which one of them goes. just whoever it is, tell them
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to get a move on and call me en route. thank you. billy needs a new pupil down at old street. did he say who? yes, he did. niamh. good luck. really good luck. billy (on phone): first appearance. burglary. okay. isn't there something you need to know? um... (chuckles) his name maybe? rush. gary rush. okay, got it. (clears throat) what's that? hockey stick. hockey? yeah. you play hockey? yes. this is a clerk's room. if you want to do sport, there's table football in the basement or william hill round the corner. (under his breath): jesus. hockey? i've seen it all now. right, i am off to lunch. it's half past 11:00.
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yeah, well, the bigger the solicitor, the longer the lunch. he'd lived with you for a year. you trusted him. yes. so how did it make you feel? that he'd done this to you? annie: dirty. humiliated. sometimes when i can't sleep... well, i don't sleep anymore. i wish i was dead. (whispering): all yours. were you pleased to see alan bradley when he came round that afternoon? not really. and did you know who it was before you answered the door? annie: through the glass i could... i could see... i could see him. what were you wearing? a towel. which was wrapped round... i'd just been in the shower.
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anything else? and my... my pants. did you ask him to wait outside while you got dressed? no. why not? don't know. how long were you boyfriend and girlfriend for? three years. and you loved him. sort of. do you want to think about that answer? "i love you." "you are my everything." do you recognize these? yes. who wrote them? i did. they're valentine cards. were you lying when you wrote them? annie: no. no, well... "i love you"... sort of?
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"you are my everything"... sort of? you're under oath, annie. you have to do this truthfully. that is all i want. no, it isn't. i know what you're doing. you're pretending to be on my side. i'm not that clever, annie. he said you wouldn't go for me. who did? mr. reader. did he? and what else did he say? he said your heart wasn't in it. (murmuring in courtroom) why was he at your house? he'd come to pick up a few of his things. and who called who to make the arrangement? i called him. and did you arrange a time? four o'clock. and what time did he arrive? four o'clock. why were you in the shower at the time you knew he would be arriving? well, how did my pants get ripped, hmm? how did that happen?
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(murmuring) is that true? your heart isn't in it? it's not about where my heart is. it's what i say in there that counts and that comes from up here. you're holding back, though. you're not doing it in there. it's not a good idea. her sexual history, you haven't touched it. the jury probably think i was her first boyfriend. look, i don't want to go to prison. i know what happens to convicted rapists inside. and what she's doing to me... look, i don't care how i get off. she's lying, and you need to make really sure this jury know that. alan. please. no offense. but don't "alan" me. i'm not your friend, i'm your client. and i need more from you than you're giving. tactically, it's not good to rough her up more than we've done already. this is not about tactics, though. this is about you being soft. listen to me. my advice is that it is counterproductive.
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how many women on the jury? seven. all the statistics say women jurors don't like promiscuous women. he knows that. am i wrong? am i? i hate doing this. i really do. this is not who i am. but i don't have a choice, do i? i'll tell you why her pants are ripped. and then my instructions are very clear: go for her. that makes it kind of easier, doesn't it? don't you ever, ever do that again. what? side with a client against my advice. what would your answer have been? instructions are instructions, aren't they? he listened to your advice and he told you what he wants. you can't say no, even if you wanted to. i've forgot how simple everything looks when you're 21.
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billy (on phone): don't do anything. no bail app, nothing. in/out, seven-day remand. got it? yes. what's he charged with? burglary. remember, pay attention. but this isn't any old burglar. gary rush is a horrible burglar with pages of form and he's an important client. here we are. and you, miss, are lovely and talented but very young, so don't try and walk before you can crawl and waste a bail application. all right? good girl. who are you? niamh. niamh cranitch. get me out of here, niamh cranitch. make a bail application? no. plan an escape. what do you think? um, gary rush, the burglary.
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no previous on rush. gary rush? yes. are you making a bail app? what do you think i should do? hey, i don't know. i'll ask clive. no, no, don't ask clive. he'll think i don't know what i'm doing. (chuckles) you don't. give me a minute, i'll call you back. she doesn't have to tell the prosecution they've got the wrong man's previous. she can't lie about it directly, but there's no requirement to draw anyone's attention to it. all right, thanks. i'll call her back. who's the client? didn't ask. where did the rape happen? in my house. yes, where? upstairs. yes, where? in my bedroom. and how did you get to your bedroom?
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he... just came up with me. so you went upstairs together? yes, you know we did. it's not about me, annie. we all make mistakes. you shouldn't have slept with alan bradley after your relationship was over. but it's what we do with our mistakes that counts. that's what really matters. and... crying rape? alleging this crime against this man. no, no, i didn't sleep with him. he raped me. i haven't made a mistake. no, you're right. you haven't, have you? miss costello? in the bedroom, you were going to get dressed in front of him? you were going to take the towel you were wearing off, in front of him? i didn't think about it. yes, you did. you thought about it very carefully.
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and that's why i'm wrong about you making a mistake. what? going upstairs: you or him first? me. and can you remind me why you'd put your pants on? to be decent when i answered the door. so what happened? i'm sorry, i don't understand the question. martha: to decency? did you think walking upstairs in a towel and knickers with this man behind you was decent? this has nothing to do with what actually happened. you're twisting things. i don't do that. i'm not like that, annie. this is not about you, miss costello. you missed him, didn't you? no. you were lonely and you wanted him back.
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niamh: he has a place to live. he's very keen, passionate, really, about proving his innocence and so he would never jump bail because he wants to come to court and... well, prove his innocence. stand up, mr. rush. i've listened to this application very carefully and i have decided to grant bail. where are you from? camden. oh, sorry... shoe lane. shoe lane chambers. say hello to martha costello. tell her she's the girl for me. i will. yes. dr. arnold, 5:30 tonight. thank you. make the application. what? the jury need to know her sexual history.
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no. tell me the jury won't be more likely to acquit if they know she slept around. i'm not making the application to the judge. i'm going to do it my way. i know what she's doing in there. martha: you liked it rough. that was your "thing," wasn't it? annie: what? judge makin: i think you need to spell it out, miss costello; what it was she liked rough. you liked alan bradley to treat you roughly when you were having sex. no. my god, no. that's why your pants were ripped. he knew from your previous sex life together that that's what you wanted. no, never. and that's why you selected the pants you were wearing under the towel when you answered the door to him. no. please. when did you make your complaint to the police? did you report it straightaway? no. that evening? no. why did it take you eight days to tell anyone?
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i... i didn't think anyone would believe me. so you're asking this jury to believe that you were raped and then led a completely normal life for a whole week before getting round to telling the police. well, why would i make it up? why would i do that? he held your wrists? with both of his hands? yes, and then he forced me back onto the bed and he held me there so i couldn't move and... he didn't cover your mouth? no. so you didn't... didn't shout? did you scream? i couldn't. martha: it would have been the easiest thing in the world to shout for help at the top of your voice. your neighbors would have heard you. what was stopping you? his face. the way he was looking at me.
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i thought he wanted to kill me. you didn't shout because there was no rape. you invited alan bradley round to your house to have sex with him. you consented. you more than consented. you planned the whole thing. but it didn't work, did it? what? he'd left you. that's what you couldn't bear. and it's your hurt and anger that has brought about you making these false and malicious allegations against this man. this might be a good point to adjourn for the day. usher: all rise.
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how is she? what do you care? how do you think she is? i'm doing my job. obeying orders. no. taking instructions and putting them to the witness. well, she won't sleep tonight. how about you? i want it to stop, now. i can't go on. (door opens) she wants to throw the towel in. i can't communicate in any way with annie halfway through her evidence. it's against all the rules. i'm not one of those zealous prosecutor types, wendy. do you mind me calling you wendy? no. winning or losing really doesn't matter to me personally.
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but for her... to have done the hard part and stood up in the witness box. so brave. and to throw it all away now? if i were you, i'd go back in there and tell her that she'll regret this for the rest of her life if she gives up now. (door opens) (exhales) how's life at the criminal bar? fine. so. abortion act 1967. it was david steel's bill, did you know that? you need the say-so of two doctors based on proper inquiry into the state of mind of the patient. i know. luckily the world of medicine and the world of law have simplified things over the years. yes. so... let's book you in, shall we? good lunch? beautiful, this land of ours.
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shakespeare was here, you know. thank you. qe1 and qe2, both here. rumpole was here. this is england. are you drunk? 14 murders in the last year, three six-month frauds and all the footballers go to him. ah, i want a word with you. he drinks a lot and if it's going to get us the quality of work that we want, i have to stay with him. put it this way, miss. my liver is the price i pay for your career. we had a meeting booked in, you and me. three hours ago. (clears throat) what about? my career. and who paid for lunch? i did. you mean chambers did? ah, miss cranitch. you did exactly what i told you not to do. i got bail. you couldn't have known you'd get bail. i do like a bit of gumption though. gumption. brilliant, well done, miss. what does gumption mean, jake? billy: your mate gary rush has turned up for more. yeah, he said to say hello.
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you all right, miss? can we talk? sure, about what? that present i've been given. yeah, let's have a drink in ten minutes. i'll come and get you. thank you. "why am i doing this? i feel so guilty." what? "why am i doing this? i feel so guilty." it's what annie said to the sexual offenses investigation team, a week after she was raped. what's the context? well, there isn't any really. it's just the only thing that's recorded for that day. does martha know about this? nick's looking. damn. but not at this. he won't see this. how do you know? well, we agreed to share it. you know, we share anything that we found. he's looking at the other half. don't tell him. we agreed that we'd... that's his problem. clive, i can't... did you tell the prosecution about gary rush's real previous convictions today?
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or not? drink? sorry, didn't mean to disturb. no, you're not. you're sure? yeah, i'm just... i'm off, actually. okay. half your age? i know. sorry. you okay? yes. no. have you got a moment, martha? he's a man of principle. isn't he? i mean, he's a good man? he's your pupil master, niamh. it's wrong. it won't end well. i'm scared he'll make it count against me if i put a stop to it now. no, no, no, no, no. wrong way round. i'd be worried he won't support
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your candidacy if you carry on. he knows it's against the rules. and quite soon that will work its way to the front of his brain. he won't want a reminder of that every day in chambers for the rest of his career. you're assuming that he doesn't want... what? to form a loving, stable relationship with his pupil? you don't like him, do you? hmm... he's got form, niamh. trust me. i am right. don't start your life at the bar like this. thank you. something else you should know. blimey. confession, confession. no, it's about the trial. i found something. my god. you ready, miss? i'll just get my stuff. thank you.
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(exhales) kate: you're underestimated, john. and i don't like seeing it. john: thanks, miss. is that all? some of us have been thinking... i know you're forward-looking enough to understand where the criminal bar is heading. we need to modernize. but billy... we're not sure how he fits into modern life. what are you saying, miss? it's all a bit delicate. so let me just say this to you. there are plenty of us here in chambers who trust and respect you, and that would be reflected in all our thinking, whatever happens. yeah, fine. but i wish you hadn't said that. said what? "some of us have been thinking..." and thanks for including me without asking... excuse me. you don't think our senior clerk pissing away chambers money on liquid lunches about five times a week is a problem?
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he's romancing solicitors. what can i get you? merlot, please. when was the last time he sat down with you and talked about your practice? all the time. all the time he tells you he loves you and you're his boy and we're all his family and all that half-baked mafia nonsense. barman: and for you? can i have a rosé, please? thanks. and what about chambers accounts? do you trust that man with money? what are you actually saying? i don't want a senior clerk who loves me. i want somebody who works a 12-hour day and who pays attention to the development of my career. why are you scared of him? you haven't answered my question. i think we should ask billy to move upstairs. consultant clerk. he'd never say yes to that. his pride wouldn't let him. exactly. okay, listen to me. there will be nothing on that medal to link gary rush to it and nobody can identify him delivering it to chambers. the fact that it appeared in your pigeonhole
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is evidence of nothing. so if you go to the police, they'll pay him a visit because they don't like him. he'll know that you told old bill, nothing will come of it and he'll spread it round that we're cozy with coppers. so you do nothing. take my advice on this. you're not drinking? mid-rape? no. what were kate and john doing shut in myoom? r when? just now. you f homejohn hockeyrainin where were you when sean kerly won olympic gold for great britain? i thought you didn't... at? know anything about hockey? never undestimate what i know, john. you see, the thing about sean kerly, apart om h, well, unbelievab skill, was that he could really look after himself.
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you know what i mean? no one ever messed with sean. mmm. i'll see you later, john. yeah. oh, john. have you seen kate this evening? no. no. night, john. night. (phone ringing)
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hello? hello? (phone line goes dead) (knocking) billy. i won't come in. i just wanted to say, 'cause it doesn't get said often enough, that you are a brilliant woman and you love me. don't you mean you love me? no. (laughing) you could have told me on the phone. well, i spend my life on the phone. sometimes i miss human contact. bit weird to hang up though. what? you call just now. why would i do that? i'm here. (sirens wailing)
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costello: why did you keep condoms in your bedroom drawer? laidlaw: that's obvious, isn't it? did you have sex with other men between your break-up with alan bradley and the alged fence? no. where's this going? costello: he was the only one for you. they were just there, the condoms. you didn't use a condom that afternoon because you wanted to get pregnant. no. you wanted to trap him back into a relationship with you. no, i didn't use contraception because he did what he did against my will. i'm telling the truth. you're the liar here, not me. miss costello? once you start not telling the truth it gets harder and harder to stop. dishonesty has its own momentum
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and once it becomes the story, it is impossible to pull back. i'm not lying. "why am i doing this? i feel so guilty"" remember? that's you. (crying) yeah. annie... i'm sorry. i'm so sorry. i have to finish this now. i know. it's all right. i know how this can happen, i really do. oh, do you? what would you do? what would any of you do?
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